The American Civil Liberties Union challenged the 40-second delay, arguing that the Pentagon had transformed the courtroom at Camp Justice in Cuba into a “censorship chamber” for the coming death penalty trials. The rules effectively prevent the public from learning anything about what the CIA did with the alleged terrorists before their 2006 transfer to Guantánamo for trial.

Spectators who watch the proceedings at the war court sit in a soundproof room, watching the trial live but hearing the audio 40 seconds later. If a court security officer functioning as a censor deems what is being said is a national security secret, the sound is obscured by white noise.